In June of last year during the divorce I'm involved in, my wife tried to get r/o against me in probate court judge denied them, then 3 months later she went to district court used the same testimony to get r/o temporary r/o handed down then judge transferred them to probate when he realized the probate case existed, probate judge immediately dismissed them, would this constitute as perjury if so would it be the da that I talk to about it, thank you
The facts that you present here do not necessarily point to actual perjury. To make a determination like that, any lawyer here or elsewhere would need to see all the documents filed in court to make the assessment. Though I will tell you that perjury is rarely prosecuted and charged in MA. What is possible is that the judge in probate just did not see evidence or hear testimony that meets the present standard for 209a restraining orders.
Just because the judge didn't believe the affidavits doesn't mean that there was perjury. In order to prove perjury you have to prove the statements were false beyond any reasonable doubt AND that the person making them knew them to be false and intended to deceive the court. Using the same testimony doesn't matter. As a practical matter, winning the case is usually what you get when the other side appears to be lying, but there is almost never prosecutions for perjury outside of criminal case testimony.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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